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2005 Supreme(SC) 218

RUMA PAL, ARIJIT PASAYAT, C.K.THAKKER
NITCO TILES LTD. – Appellant
Versus
GUJARAT CERAMIC FLOOR TILES MFG. ASSN. – Respondent


ORDER

1. Leave granted.

2. These appeals have been preferred from an interim order passed by the High Court of Gujarat on a writ petition filed by Respondent 1 initially, challenging the final finding of the designated authority on a new shipper review. Subsequent to the filing of the writ petition, the final finding of the designated authority was notified by the Central Government by notification dated 28-7-2004. A second notification was issued by the Central Government also dated 28-7-2004 rescinding an earlier notification dated 1-7-2003 by which provisional assessment had been levied on the imports made from Nanhai and Prestige, being Respondents 10 and 11 herein. The writ petition was amended and the subsequent notification dated 28-7-2004 has also been challenged.

3. The High Court refused to accede to the preliminary objections raised by the Union of India that Respondent 1 should be relegated to the alternative remedy available to it under the Customs Tariff Act, 1975. The only ground for entertaining the writ petition given by the High Court was that "the question raised in this petition is not only important but also sensitive affecting the people of the country at larg







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